SERVED APRIL 3, 2012 

.;:[:PARTMENT OF 

U.S. DEPARTMEN T OF TRANSPORTATIOISiSPnRTA!!0i] 

OFFICE OF HEARINGS ^ OCKCT OPERATiOMG 

WASHINGTON, DC 

mi m -3 p 2^ 2^1 

In The Matter Of: ) 

) Docket No. FAA-2011 -0488 

COVERMARKUSA ) 

) CaseNo. 2010SO7000318 

Respondent ) 

ORDER SETTING RULE 16 LITIGATION SCHEDULING CONFERENCE, AND 

DIRECTING RULE 26(f) PLANNING AND SUBMISSION 

1) Rule 16 Litigation Scheduling Conference: 

Pursuant to 14 C.F.R. §13.205(a)(1) and (7) and Civ.R. 16, the parties shall appear by telephone on Thursday, May 31, 2012 at 1:30pm Eastern time for a Rule 16 Litigation Scheduling Conference. During this Conference the parties will discuss the issues in the dispute, their 

jointly submitted proposed scheduling/discovery plan (see paragraph 2 infra) and respond to any 

questions regarding disagreements not resolved in the proposed plan. During the Conference a 

final scheduling/discovery plan will be ruled upon, as well as any other related matters pursuant 

to Rule 16(c). The Office of Hearings will initiate the Conference by telephone call, contacting 

each party at the party's telephone number of record. A party may provide an alternate number 

by notifying the Office of Hearings at least 24 hours prior to the Conference. 

2) Rule 26ff) Parties' Planning Meeting and Submission of Proposed Discovery Plan: 

Pursuant to 14 C.F.R. §13.217 and Civ.R. 26{f}, priorio convening with the Judge for the 

Rule 16 Litigation Scheduling Conference, the parties or their attorneys shall contact each other, 

and privately conduct a Rule 26(f) plamiing meeting. If settlement is not reached, the parties will 

prepare a jointly written proposed schedulirig/discovery plan. The jointly proposed plan must be 

filed with the undersigned Judge on or before Thursday, May 26, 2012 (i.e., seven (7) calendar 

days before the Conference). In addition to filing the proposed scheduling/discovery plan by 

regular mail filing with the U.S. Department of Transportation's Docket Office, the parties shall 

Page 1 of 2 
file a working copy of the scheduling/discovery plan with the undersigned Judge at the Office of 

Hearings by fax, express carrier, or personal delivery. The certillcate of service should reflect 

the manner of service. 

The parties' Rule 26(f) planning meeting shall include a good faith di.scussion about the nature and basis of each party's claims and the possibility of settling all or part of the case. 

During this Rule 26(f) meeting, the parties shall discuss matters identified in 14 C.F.R. 

§13.217 and Rule 26(f)(2) and (3) as part of developing their proposed scheduling/discovery 

plan. The parties' discussion should include Ihc scope and type of discovery (including electronic discovery), discovery deadlines, and the place of venue for hearing. The discussion should include the sequence, timing, and deadlines for any follow-up discovery, including whether discovery should be conducted in phases to prepare for any filing of particular pre-hearing motions 

(e.g., limiting scope of trial, dispositive motions, etc). 

The deadlines in the parties' proposed scheduling/discovery plan should be mutually agreeable, with a view to achieving case resolution with a minimum of expense and delay. Any unresolved scheduling/discovery disputes should be clearly identified in the proposed schcduling/discoyery plan, so that these disputes may be addressed by the Judge during the Rule 16 Litigation Scheduling Conference. 

3) Conflicts with Rule 16 Litigation Scheduling Conference Date: 

If a party has an unavoidable conflict with the scheduled Rule 16 Litigation Scheduling 

Conference set in.paragraph 1 supra, and wishes to modify the date/time of the scheduled Conference, the party shall first confer with opposing counsel about mutually agreeable alternate dates, 

and then contact C. Diane Mays at the Office of Hearings (202-366-2132) as soon as possible after receipt of this Order, with at least three (3) mutually-agreed, proposed alternate dates/times 

for the Judge's consideration. 

Judgt J. 

U.S. AdfflinLitFdtive Law Judge 

Attachment: Service List 

Page 2 of2 
FDMSNo. FAA-2011-0488 

(Civil Penalty Action) 

SPECIAL SERVICE LIST 

ORIGINAL & THREE COPIES 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Keith Roberts, Respondent's Counsel 

President, Roberts Proprietaries, Inc. 

180 West 80th St. 

New York, NY 10024 

TEL: 917-441-8642 

FAX; 

Gerald A. Ellis, Complainant's Counsel 

Attorney, Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable J.E. Sullivan, Adminislralive Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000. Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.